Care Practice is an intuitive clinic for patients who know that when they are told that a clinic accepts their insurance, it rarely means they will ultimately escape all the hidden cost built into the system. For those of you who are increasingly aware that "covered" rarely translates when interacting with our current health care system, Care Practice is the perfect practice. Care Practice was founded in 2008 during the global recession and built to be as simple and transparent with no hidden costs or headaches. The way we do that has been to operate unburdened by insurance companies as a fee-for-service operation. This means that you pay at the time of service and we give you the forms to submit to your insurance where out of network plans often cover up to 80% of the costs. We are also able to complete the insurance claim for you at a nominal fee of $10.

The goal of this site is to engage healthcare professionals around the country and facilitate new ways of communicating through new uses of available online content. With attention spans shrinking to 140 characters or less, it seems few are reading business websites these days beyond getting the number and making a frustrated call. Our walk-ins are way up and we specifically request people don’t walk in. Currently, we are in the process of moving to all-digital processes and requiring online appointments. This doesn’t fit everyone, but it is necessary for us, or we ran the risk of turning into San Francisco’s helpline. We understand that patients are frustrated by limited and confusing choices. Data found on Google is frequently outdated and inaccurate, increasing patient’s frustrations. Messaging via text or social media platforms are becoming the dominant form of communication, while phone calls are becoming a thing of the past.

Assuming that a trademark qualifies for protection, rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office ("PTO").
15 U.S.C. § 1127(a)
. Remember, however, that
descriptive marks
qualify for protection (and can be registered) only after they have acquired
secondary meaning
. Thus, for descriptive marks, there may be a period after the initial use of the mark in commerce and before it acquires secondary meaning, during which it is not entitled to trademark protection. Once it has achieved secondary meaning, trademark protection kicks in.

The use of a mark generally means the actual sale of a product to the public with the mark attached. Thus, if I am the first to sell "Lucky" brand bubble-gum to the public, I have acquired priority to use that mark in connection with the sale of bubble-gum (assuming that the mark otherwise qualifies for trademark protection). This priority is limited, however, to the geographic area in which I sell the bubble gum, along with any areas I would be expected to expand into or any areas where the reputation of the mark has been established. So, for example, if I sell pizza in Boston under the name "Broadway Pizza," I will probably be able to prevent late-comers from opening up a "Broadway Pizza" within my geographic market. But I will not be able to prevent someone else from opening a "Broadway Pizza" in Los Angeles.

The other way to acquire priority is to register the mark with the PTO with a bona fide intention to use the mark in commerce. Unlike use of a mark in commerce, registration of a mark with the PTO gives a party the right to use the mark nationwide, even if actual sales are limited to only a limited area. This right is limited, however, to the extent that the mark is already being used by others within a specific geographic area. If that is the case, then the prior user of the mark retains the right to use that mark within that geographic area; the party registering the mark gets the right to use it everywhere else. So, for example, if I register the mark "Broadway" in connection with the sale of pizza, the existing "Broadway Pizza" in Boston retains the right to use the name in Boston, but I get the right to use it everywhere else.